[Federal Register Volume 79, Number 97 (Tuesday, May 20, 2014)]
[Notices]
[Pages 28973-28975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11615]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-266 and 50-301; NRC-2014-0117]
Exemption for NextEra Energy Point Beach, LLC; Point Beach
Nuclear Plant, Units 1 and 2
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
exemption in response to a June 4, 2013, request from NextEra Energy
Point Beach, LLC, requesting an exemption to use of a different fuel
rod cladding material (Optimized ZIRLO\TM\).
ADDRESSES: Please refer to Docket ID NRC-2014-0117 when contacting the
NRC about the availability of information regarding this document. You
may access publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0117. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly available documents online in the NRC
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to [email protected]. The ADAMS accession number
for each document referenced in this document (if that document is
available in ADAMS) is provided the first time that a document is
referenced.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Terry A. Beltz, Office of Nuclear
Reactor Regulation, telephone: 301-415-3049; email:
[email protected], U.S. Nuclear Regulatory Commission, Washington DC
20555-0001.
I. Background
NextEra Energy Point Beach, LLC (NextEra or the licensee) is the
holder of renewed Facility Operating License Nos. DPR-24 and DPR-27,
which authorize operation of the Point Beach Nuclear Plant (Point
Beach), Units 1 and 2, respectively. The license provides, among other
things, that the facility is subject to all rules, regulations, and
orders of the NRC now or hereafter in effect.
The facility consists of two pressurized-water reactors located in
Manitowac County in Wisconsin.
II. Request/Action
Pursuant to Section 50.12 of Title 10 of the Code of Federal
Regulations (10 CFR), ``Specific exemptions,'' the licensee has, by
letter dated June 4, 2013 (ADAMS Accession No. ML13155A239), requested
an exemption from 10 CFR 50.46, ``Acceptance criteria for emergency
core cooling systems [ECCS] for light-water nuclear power reactors,''
and 10 CFR Part 50, Appendix K, ``ECCS Evaluation Models,'' to allow
the use of fuel rod cladding with Optimized ZIRLO\TM\ alloy for future
reload applications. The regulations in 10 CFR 50.46 contain acceptance
criteria for the ECCS for reactors fueled with zircaloy or ZIRLO\TM\
fuel rod cladding material. In addition, paragraph I.A.5 of Appendix K
to 10 CFR Part 50 requires that the Baker-Just equation be used to
predict the rates of energy release, hydrogen concentration, and
cladding oxidation from the metal/water reaction. The Baker-Just
equation assumes the use of a zirconium alloy, which is a material
different from Optimized ZIRLO\TM\. Thus, the strict application of
these regulations does not permit the use of fuel rod cladding material
other than zircaloy or ZIRLO\TM\. Because the material specifications
of Optimized ZIRLO\TM\ differ from the specifications for zircaloy or
ZIRLO\TM\, and the regulations specify a cladding material other than
Optimized ZIRLO\TM\, a plant-specific exemption is required to allow
the use of, and application of these regulations to, Optimized
ZIRLO\TM\ at Point Beach.
The exemption request relates solely to the cladding material
specified in these regulations (i.e., fuel rods with zircaloy or
ZIRLO\TM\ cladding material). This exemption would allow application of
the acceptance criteria of 10 CFR 50.46 and 10 CFR Part 50, Appendix K,
to fuel assembly designs using Optimized ZIRLO\TM\ fuel rod cladding
material. In its letter dated June 4, 2013, the licensee indicated that
it was not seeking an exemption from the acceptance and analytical
criteria of these regulations. The intent of the request is to allow
the use of the criteria set forth in these regulations for the use of
Optimized ZIRLO\TM\ fuel rod cladding material at Point Beach.
III. Discussion
Pursuant to 10 CFR 50.12, the Commission may, upon application by
any interested person or upon its own initiative, grant exemptions from
the requirements of 10 CFR Part 50 when: (1) The exemptions are
authorized by law, will not present an undue risk to public health or
safety, and are consistent with the common defense and security; and
(2) when special circumstances are present. Under 10 CFR
50.12(a)(2)(ii), special circumstances include, among other things,
when application of the specific regulation in the particular
circumstance would not serve, or is not necessary to achieve, the
underlying purpose of the rule.
A. Special Circumstances
Special circumstances, in accordance with 10 CFR 50.12(a)(2)(ii),
are present whenever application of the regulation in the particular
circumstances is not necessary to achieve the underlying purpose of the
rule. The underlying purpose of 10 CFR 50.46 and Appendix K to 10 CFR
Part 50 is to establish acceptance criteria for ECCS performance to
provide reasonable assurance of safety in the event of a loss-of-
coolant accident (LOCA). Although the regulations in 10 CFR 50.46 and
Appendix K are not expressly applicable to Optimized ZIRLO\TM\, the
evaluations described in the following sections of this exemption show
that the purpose of the regulations are met by this exemption in that,
subject to certain
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conditions, the acceptance criteria are valid for Optimized ZIRLO\TM\
fuel cladding material, Optimized ZIRLO\TM\ would maintain better post-
quench ductility, and the Baker-Just correlation conservatively bounds
LOCA scenario metal-water reaction rates and is applicable to Optimized
ZIRLO\TM\. Thus, a strict application of the rule (which would preclude
the applicability of ECCS performance acceptance criteria to, and the
use of, Optimized ZIRLO\TM\ fuel cladding material) is not necessary to
achieve the underlying purposes of 10 CFR 50.46 and Appendix K to 10
CFR Part 50. The purpose of these regulations is achieved through
application of the requirements to the use of Optimized ZIRLO\TM\ fuel
rod cladding material. Therefore, the special circumstances required by
10 CFR 50.12(a)(2)(ii) for the granting of an exemption exist.
B. Authorized by Law
This exemption would allow the use of Optimized ZIRLO\TM\ fuel rod
cladding material for future reload operations at Point Beach. As
stated above, 10 CFR 50.12 allows the NRC to grant exemptions from the
requirements of 10 CFR Part 50 provided that special circumstances are
present. As described above, the NRC staff has determined that special
circumstances exist to grant the requested exemption. In addition,
granting the exemption will not result in a violation of the Atomic
Energy Act of 1954, as amended, or the Commission's regulations.
Therefore, the exemption is authorized by law.
C. No Undue Risk to Public Health and Safety
Section 10 CFR 50.46 requires that each boiling or pressurized
light-water nuclear power reactor fueled with uranium dioxide pellets
within cylindrical zircaloy or ZIRLO\TM\ cladding must be provided with
an ECCS that must be designed so that its calculated cooling
performance following a postulated loss-of-coolant accident (LOCA)
conforms to the criteria set forth in paragraph (b) of this section.
The underlying purpose of 10 CFR 50.46 is to establish acceptance
criteria for adequate ECCS performance. As previously documented in the
NRC staff's safety evaluation dated June 10, 2005 (ADAMS Accession No.
ML051670395), of topical reports submitted by Westinghouse Electric
Company, LLC (Westinghouse), and subject to compliance with the
specific conditions of approval established therein, the NRC staff
found that Westinghouse demonstrated the applicability of these ECCS
acceptance criteria to Optimized ZIRLOTM. Ring compression
tests performed by Westinghouse on Optimized ZIRLOTM (see
WCAP-14342-A & CENPD-404-NP-A at ADAMS Accession No. ML062080569)
demonstrate an acceptable retention of post-quench ductility up to 10
CFR 50.46 limits of 2,200 degrees Fahrenheit and 17 percent equivalent
clad reacted. Furthermore, the NRC staff has concluded that oxidation
measurements provided by the licensee in letter LTR-NRC-07-58 from
Westinghouse to the NRC, ``SER Compliance with WCAP-12610-P-A & CENPD-
404-P-A, Addendum 1-A, `Optimized ZIRLO\TM\,' '' dated November 6, 2007
(public version located at ADAMS Accession No. ML073130560), illustrate
that oxide thickness and associated hydrogen pickup for Optimized
ZIRLOTM at any given burnup would be less than both
zircaloy-4 and ZIRLOTM. Hence, the NRC staff concludes that
Optimized ZIRLOTM would be expected to maintain better post-
quench ductility than ZIRLOTM. This finding is further
supported by an ongoing LOCA research program at Argonne National
Laboratory, which has identified a strong correlation between cladding
hydrogen content (caused by in-service corrosion) and post-quench
ductility.
In addition, the provisions of 10 CFR 50.46 require the licensee to
periodically evaluate the performance of the ECCS, using currently
approved LOCA models and methods, to ensure that the fuel rods will
continue to satisfy 10 CFR 50.46 acceptance criteria. In its letter
dated June 4, 2013, the licensee stated that it will evaluate fuel
assemblies using Optimized ZIRLO\TM\ fuel rod cladding material using
NRC-approved analytical methods and plant-specific models to address
the changes in cladding material properties. The NRC staff concludes
that granting the exemption to allow the licensee to use Optimized
ZIRLO\TM\ fuel rod cladding material and apply 10 CFR 50.46 criteria
would not diminish this requirement of periodic evaluation of ECCS
performance. Thus, the underlying purpose of the rule to maintain post-
quench ductility in the fuel cladding material through ECCS performance
criteria will continue to be achieved for Point Beach.
Paragraph I.A.5 of Appendix K to 10 CFR Part 50 states that the
rates of energy release, hydrogen concentration, and cladding oxidation
from the metal-water reaction shall be calculated using the Baker-Just
equation. Since the Baker-Just equation presumes the use of zircaloy
clad fuel, strict application of this provision of the rule would not
permit use of the equation for Optimized ZIRLOTM fuel rod
cladding material for determining acceptable fuel performance. The
underlying purpose of this regulation, however, is to ensure that
analyses of fuel response to LOCAs are conservatively calculated. In
its evaluation of the approved topical reports, the NRC staff
previously found that metal-water reaction tests performed by
Westinghouse on Optimized ZIRLOTM (see Appendix B of WCAP-
12610-P-A and CENPD-404-P-A, Addendum 1-A) demonstrate conservative
reaction rates relative to the Baker-Just equation, and that the Baker-
Just equation conservatively bounds post-LOCA scenarios of, and
applicable to, Optimized ZIRLOTM fuel rod cladding. Thus,
the NRC staff determined that the strict application of Appendix K,
Paragraph I.A.5 (which would preclude its applicability to, and the use
of, Optimized ZIRLOTM) is not necessary to achieve the
underlying purpose of the rule in these circumstances. Since these
evaluations demonstrate that the underlying purpose of the rule will be
met, there will be no undue risk to the public health and safety.
D. Consistent With the Common Defense and Security
The licensee's exemption request is to allow the application of an
improved fuel rod cladding material to the regulations in 10 CFR 50.46
and paragraph I.A.5 of Appendix K to 10 CFR 50. In its letter dated
June 4, 2013, the licensee stated that all the requirements and
acceptance criteria will be maintained. The licensee is required to
handle and control special nuclear material in these assemblies in
accordance with its approved procedures. This change to reactor core
internals is adequately controlled by NRC requirements and is not
related to security issues. Therefore, the NRC staff determined that
this exemption does not impact, and thus is consistent with, the common
defense and security.
E. Environmental Considerations
The NRC staff determined that the exemption discussed herein meets
the eligibility criteria for the categorical exclusion set forth in 10
CFR 51.22(c)(9) because it is related to a requirement concerning the
installation or use of a facility component located within the
restricted area, as defined in 10 CFR Part 20, and issuance of this
exemption involves: (i) No significant hazards consideration, (ii) no
significant change in the types or a significant increase in the
amounts of any effluents that may be released offsite, and (iii) no
significant
[[Page 28975]]
increase in individual or cumulative occupational radiation exposure.
Therefore, in accordance with 10 CFR 51.22(b), no environmental impact
statement or environmental assessment need be prepared in connection
with the NRC's consideration of this exemption request. The basis for
the NRC staff's determination is discussed as follows with an
evaluation against each of the requirements in 10 CFR 51.22(c)(9)(i)-
(iii).
Requirements in 10 CFR 51.22(c)(9)(i)
The NRC staff evaluated whether the exemption involves no
significant hazards consideration using the standards described in 10
CFR 50.92(c), as presented below:
1. Does the proposed exemption involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The proposed exemption would allow the use of Optimized ZIRLO\TM\
fuel rod cladding material in the reactors. The NRC approved topical
report WCAP-12610-P-A and CENPD-404-P-A, Addendum 1-A ``Optimized
ZIRLO\TM\,' '' prepared by Westinghouse, addresses Optimized ZIRLO\TM\
and demonstrates that Optimized ZIRLO\TM\ has essentially the same
properties as currently licensed ZIRLO[supreg]. The fuel cladding
itself is not an accident initiator and does not affect accident
probability. Use of Optimized ZIRLO\TM\ fuel cladding material will
continue to meet all 10 CFR 50.46 acceptance criteria and, therefore,
will not increase the consequences of an accident.
Therefore, the proposed exemption does not involve a significant
increase in the probability or consequences of an accident previously
evaluated.
2. Does the proposed exemption create the possibility of a new or
different kind of accident from any accident previously evaluated?
Response: No.
The use of Optimized ZIRLO\TM\ fuel rod cladding material will not
result in changes in the operation or configuration of the facility.
Topical Reports WCAP-12610-P-A and CENPD-404-P-A demonstrated that the
material properties of Optimized ZIRLO\TM\ are similar to those of
standard ZIRLO[supreg]. Therefore, Optimized ZIRLO\TM\ fuel rod
cladding material will perform similarly to those fabricated from
standard ZIRLO[supreg], thus precluding the possibility of the fuel
cladding becoming an accident initiator and causing a new or different
type of accident. Therefore, the proposed exemption does not create the
possibility of a new or different kind of accident from any previously
evaluated.
3. Does the proposed exemption involve a significant reduction in a
margin of safety?
Response: No.
The proposed exemption will not involve a significant reduction in
the margin of safety because it has been demonstrated that the material
properties of the Optimized ZIRLO\TM\ are not significantly different
from those of standard ZIRLO[supreg]. Optimized ZIRLO\TM\ is expected
to perform similarly to standard ZIRLO[supreg] for all normal operating
and accident scenarios, including both LOCA and non-LOCA scenarios. For
LOCA scenarios, where the slight difference in Optimized ZIRLO\TM\
material properties relative to standard ZIRLO[supreg] could have some
impact on the overall accident scenario, plant-specific LOCA analyses
using Optimized ZIRLO\TM\ properties will demonstrate that the
acceptance criteria of 10 CFR 50.46 have been satisfied.
Therefore, the proposed exemption does not involve a significant
reduction in a margin of safety.
Based on the above evaluation of the standards set forth in 10 CFR
50.92(c), the NRC staff concludes that the proposed exemption involves
no significant hazards consideration. Accordingly, the requirements of
10 CFR 51.22(c)(9)(i) are met.
Requirements in 10 CFR 51.22(c)(9)(ii)
The proposed exemption would allow the use of Optimized ZIRLO\TM\
fuel rod cladding material in the reactors. Optimized ZIRLO\TM\ has
essentially the same material properties and performance
characteristics as the currently licensed ZIRLO[supreg] cladding. Thus,
the use of Optimized ZIRLO\TM\ fuel rod cladding material will not
significantly change the types of effluents that may be released
offsite, or significantly increase the amount of effluents that may be
released offsite. Therefore, the requirements of 10 CFR 51.22(c)(9)(ii)
are met.
Requirements in 10 CFR 51.22(c)(9)(iii)
The proposed exemption would allow the use of Optimized ZIRLO\TM\
fuel rod cladding material in the reactors. Optimized ZIRLO\TM\ has
essentially the same material properties and performance
characteristics as the currently licensed ZIRLO[supreg] cladding. Thus,
the use of Optimized ZIRLO\TM\ fuel rod cladding material will not
significantly increase individual occupational radiation exposure, or
significantly increase cumulative occupational radiation exposure.
Therefore, the requirements of 10 CFR 51.22(c)(9)(iii) are met.
Conclusion
Based on the above, the NRC staff concludes that the proposed
exemption meets the eligibility criteria for the categorical exclusion
set forth in 10 CFR 51.22(c)(9). Therefore, in accordance with 10 CFR
51.22(b), no environmental impact statement or environmental assessment
need be prepared in connection with the NRC's proposed issuance of this
exemption.
IV. Conclusions
Accordingly, the Commission has determined that, pursuant to 10 CFR
50.12, the exemption is authorized by law, will not present an undue
risk to the public health and safety, and is consistent with the common
defense and security. Also, special circumstances pursuant to 10 CFR
50.12(a)(2)(ii) are present. Therefore, the Commission hereby grants
NextEra an exemption from the requirements of 10 CFR 50.46 and Appendix
K to 10 CFR Part 50, to allow the application of those criteria to, and
the use of, Optimized ZIRLO\TM\ fuel rod cladding material at the Point
Beach Nuclear Plant, Units 1 and 2.
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 9th day of May 2014.
For The Nuclear Regulatory Commission.
Michele G. Evans,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. 2014-11615 Filed 5-19-14; 8:45 am]
BILLING CODE 7590-01-P